extradition to Albania

Albania currently is a transit country for migrants and refugees. And thousands of Albanians have applied for asylum in the EU and almost 100% of asylum applications have been rejected.

If Albania requires Germany to extradite a persecuted person, extradition to Albania is governed by the European Convention on Extradition of 13 December 1957 in conjunction with the Second Additional Protocol of 17 March 1978; for extradition to Albania, the reservations and declarations made by the Government of the Federal Republic of Germany concerning Articles 6, 21, 23 and 27 of the Convention must be observed.

extradition lawyer in Germany: "In absentia sentences" from Albania are more than problematic

In principle, extradition to Albania is also possible for fiscal offences. Provisional extradition detention can be ordered in Germany before extradition to Albania. "In absentia sentences" are particularly problematic as a basis for an extradition request from Albania.

In 2006 already, the Higher Regional Court of Koblenz/Germany ruled that extradition to Albania for execution of a sentence rendered in absentia was inadmissible in a specific case: "The conviction of the person prosecuted took place both in the first and second instance in his absence, without it being possible to establish that his right to a fair hearing was respected. ... The declaration of the Albanian state in the extradition request to respect Art. 3 of the 2nd CP-EuAlÜbk is not a sufficient assurance within the meaning of sentence 2 of this provision......" (Higher Regional Court Koblenz, - (1) Ausl - III - 1/06).

extradition lawyer requested right to a new trial

The Higher Regional Court of Cologne on the question of extradition to Albania: "The fact that the Albanian authorities do not give a reliable assurance of the right to a new trial precludes the extradition of a persecuted person to Albania for the execution of a judgment rendered in absentia, if it is not a so-called "escape case" (the accused has fled Albania for the trial) – (OLG Köln, Decision of 19.12.2008 - 6 AuslA 95/08 – 80).

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